Feenstra v Bond

Tenant wins · Kerwood · 2022-11-03

Adjudicator

Amanda Kovats

Dispute

Personal use

Notice

Personal use (N12)

Amount

<$5K

Landlord

J.P.

Tenant

R.B.

Landlord rep

David Allen Price

What happened

Landlord applied to terminate tenancy and evict Tenant for personal use by the purchaser's son. The application was dismissed as the proposed occupation did not meet the definition of residential occupation required by the Residential Tenancies Act.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. The Board found that the proposed use of the rental unit by the purchaser's son did not constitute 'residential occupation' as required by the Act. The Tenant is ordered to repay $850 compensation received for the N12 notice.